- 9 - objective as a ground for increased interest. See H. Conf. Rept. 99-841 at II-796 (1986), 1986-3 C.B. (Vol. 4) 796 (Statement of the Managers). The validity of the above regulation (and the applicability of section 6621(c) increased interest) to partnerships essentially the same as the Garfield and Cardinal partnerships involved herein was analyzed at length and expressly sustained by the Court of Appeals for the Ninth Circuit in its recent opinion in Hill v. Commissioner, 204 F.3d at 1220. Also, imposition of increased interest under the above regulation in the Krause test case was sustained by the Court of Appeals for the Tenth Circuit in its opinion in Hildebrand v. Commissioner, 28 F.3d at 1028. In a number of cases, the Court of Appeals for the Fifth Circuit has sustained imposition of increased interest under section 6621(c). See Durrett v. Commissioner, 71 F.3d 515 (5th Cir. 1996), affg. in part and revg. in part T.C. Memo. 1994-179; Chamberlain v. Commissioner, 66 F.3d 729 (5th Cir. 1995), affg. in part and revg. in part T.C. Memo. 1994-228. In Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408, the Court of Appeals for the Fifth Circuit, on the facts of that particular case, reversed our holding that increased interest under section 6621(c) applied to the transactions in question. In none of these cases did the Fifth Circuit suggest the invalidity of the regulations under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011